Law Commons^™

Environment, Natural Resources And Land Use, J. William Futrell

Mercer Law Review

During the survey period, both the courts and the legislature moved to resolve basic uncertainties as to the validity of land use, natural resource, and environmental protection laws and regulations. In Barrett v. Hamby, the court clarified the relationship between the taking clause and police power regulation and moved to a position closer to the mainstream of American law. The General Assembly sought to resolve any doubts as to the State's ability to legislate in the land use and natural resource protection field by adding language to the proposed editorial revision of the state constitution which specifically bases future …

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Private Land Banking

William & Mary Environmental Law and Policy Review

No abstract provided.

Recent Cases In Zoning

William & Mary Environmental Law and Policy Review

No abstract provided.

New Mexico's National Forests And The Implied Reservation Doctrine, Richard A. Marquez

Natural Resources Journal

No abstract provided.

Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

A Select Bibliography On The Legal Status Of The Gulf Of California, Alberto Szekely

Natural Resources Journal

No abstract provided.

Some Aspects Of Title By Registration In The Maritime Provinces Of Canada, Robert Stein

Dalhousie Law Journal

The Maritime Provinces of Canada are engaged in a complete restructuring of the present conveyancing system by the implementation of a comprehensive land management system with centralized availability of information on titles and land use. It is the hope of the proponents of the program' that it will result in a uniform and simple system to replace the present antiquated land registration procedure which, apart from the "conveyancing" problems caused by its lack of certainty, is seen by the proponents as a major barrier to effective management and control of land use.

Social Planning In Halifax-Dartmouth: Fact Or Fiction?, Timothy T. Daley

Dalhousie Law Journal

Social planning is a by-product of the recent trend toward comprehensive community development planning. It is still in its formative stages and is therefore experiencing the growing pains characteristic of most new planning processes, including poor coordination, distrust and misunderstanding. Added to these difficulties is a second deterrent to proper social planning, namely, an increasing demand to react quickly to problems and make decisions without waiting for input from planners.

Zoning--Modification Of Zoning Ordinance Use Restrictions, John Preston Bailey

West Virginia Law Review

No abstract provided.

Upzoning, Public Policy, And Fairness - A Study And Proposal, Richard W. Bartke, John S. Lamb

William & Mary Law Review

No abstract provided.

Recent Cases, David G. Russell, Thomas J. Hartland Jr.

Vanderbilt Law Review

David G. Russell -- Private Nuisance--Urban Redevelopment

Outside the realm of eminent domain and zoning, the law of private nuisance provides judicial response to problems of conflicting land uses. As the private landowner's legal weapon for eliminating a use incompatible in the neighborhood, private nuisance law affords an effective remedy because the unreasonable, nonconforming use can be enjoined or its perpetrator subjected to liability for damages. Nevertheless, indiscriminate application of existing doctrine might jeopardize fair and efficient resolution of problems of land use control. Considered in the light of equity and economics, a recent New York decision reveals the need …

The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker

Michigan Law Review

This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.

Updating Eminent Domain For Environmental Control, Karl Jeffery Reynolds

Florida State University Law Review

No abstract provided.

City Of Coral Gables V. Wood, 305 So. 2d 261 (Fla. 3d Dist. Ct. App. 1974), Richard Bryce Hadlow

Florida State University Law Review

Zoning Ordinance-ENHANCEMENT OF AESTHETIC VALUES ALONE NOT SUFFICIENT BASIS FOR EXERCISE OF POLICE POWER IN FLORIDA.

[Letter From New England Regional Director To Division Engineer, New England Division, U.S. Army Corps Of Engineers], U.S. Fish And Wildlife Service

Dickey-Lincoln School Lakes Project

The results of appraisals conducted jointly by this Service, the Maine Department of Inland Fisheries and Wildlife, and your agency concerning bald eagle, osprey, peregrine falcon, and great blue heron.

The Legislature's Role In The Taking Issue, Mitchell B. Haigler, Mary M. Mcinerny, Robert M. Rhodes

Florida State University Law Review

No abstract provided.

Agua Caliente Revisited: Recent Developments As To Zoning Of Indian Reservations, Osborne M. Reynolds Jr.

American Indian Law Review

No abstract provided.

Standing To Sue Under The Model Land Development Code, Richard L. Epling

University of Michigan Journal of Law Reform

The Model Land Development Code was promulgated by the American Law Institute as the paradigm for state legislatures to follow when enacting land use laws for the future. The Code is not intended to create uniformity among state laws. Instead, states may use the articles of the Code as models in drafting legislation that is more specifically suited to their needs. Article Nine, which states rules of standing to participate in land use disputes, poses a potential obstacle to would-be public interest litigants. This note will explore the effect of Article Nine on citizen plaintiffs and demonstrate how its ambiguous …

Protecting The Appalachian Trail In Maine, University Of Maine At Portland - Gorham

Maine Collection

Protecting the Appalachian Trail In Maine

A Handbook Compiled by the Allagash Environmental Institute, Center for Research & Advanced Study, University of Maine Portland - Gorham, 1976.

Directed & edited by Patricia Solotaire.

Contents: The Project Itself / The History of Trail Agreements in Maine / The Landowner's Duty to Hikers and Campers / History and Description of the Statutory Protection of the Appalachian Trail / An Overview of Tax Considerations / Land Protection Devices / Using the Information / Bibliography / Footnotes / Appendices

Land Use: Exclusion Of Non-Indians From Tribal Lands--An Established Right, Joe D. Dillsaver

American Indian Law Review

No abstract provided.

Zoning: A Rebuttal To "Village Of Euclid Meets Agua Cliente", Carl Bryant Rogers

American Indian Law Review

No abstract provided.

Flood Control In Oklahoma: An Example Of Land Use Preceding Land Use Planning, John Hicks, Georgina B. Landman, T. W. Ihloff

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Impact Of Federal Water Pollution Controls On Local Land Use Decisions, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

Book Review. The Forest Service: A Study In Public Land Management By G. O. Robinson, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review

No abstract provided.

Judicial Relief In Exclusionary Zoning Cases: Pennsylvania's Definitive Relief Approach, Jerome C. Murray

Villanova Law Review

No abstract provided.

Federal Statutes And Regulation, Madeline H. Lamb

Villanova Law Review

No abstract provided.